Florida Senate - 2011 SENATOR AMENDMENT Bill No. CS for SB 998 Barcode 578214 LEGISLATIVE ACTION Senate . House . . . Floor: 3/AD/2R . 04/27/2011 10:27 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Simmons moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 289 - 301 4 and insert: 5 (11) A cause of action may not be commenced under this 6 section if the claim is presented more than 1 year after a law 7 or regulation is first applied by the governmental entity to the 8 property at issue. For purposes of determining when this 1-year 9 claim period accrues: 10 (a)1. A law or regulation is first applied upon enactment 11 and notice as provided for in this subparagraph if the impact of 12 the law or regulation on the real property is clear and 13 unequivocal in its terms and notice is provided by mail to the 14 affected property owner or registered agent at the address 15 referenced in the jurisdiction’s most current ad valorem tax 16 records. The fact that the law or regulation could be modified, 17 varied, or altered under any other process or procedure does not 18 preclude the impact of the law or regulation on a property from 19 being clear or unequivocal pursuant to this subparagraph. Any 20 notice under this subparagraph shall be provided after the 21 enactment of the law or regulation and shall inform the property 22 owner or registered agent that the law or regulation may impact 23 the property owner’s existing property rights and that the 24 property owner may have only 1 year from receipt of the notice 25 to pursue any rights established under this section. 26 2. Otherwise, the law or regulation is first applied to the 27 property when there is a formal denial of a written request for 28 development or variance. 29 (b) If an owner seeks relief from the governmental action 30 through lawfully available administrative or judicial 31 proceedings, the time for bringing an action under this section 32 is tolled until the conclusion of such proceedings. 33 (13) In accordance with s. 13, Art. X of the State 34 Constitution, the state, for itself and for its agencies or 35 political subdivisions, waives sovereign immunity for causes of 36 action based upon the application of any law, regulation, or 37 ordinance subject to this section, but only to the extent 38 specified in this section.This section does not affect the39sovereign immunity of government.40 41 ================= T I T L E A M E N D M E N T ================ 42 And the title is amended as follows: 43 Delete lines 26 - 29 44 and insert: 45 made by the act; revising the time in which an action 46 must be commenced to challenge a restriction on the 47 use of real property; waiving sovereign immunity for 48 certain actions to challenge a restriction on the use 49 of real property;